Disciplinary Procedures
Investigation
of Offences
A charge against an officer or soldier who
commits an offence under the Defence Act may be investigated by one of the following
means, which form part of the system of justice in Jamaica:
Summary
Under the Defence Act and in accordance with the
Summary Jurisdiction Regulations, a subordinate Commander, Detachment Commander,
Commanding Officer or Appropriate Superior Authority may deal with certain offences.
Court Martial (Ordinary or Field)
An Ordinary Court Martial may be convened by the
Chief of Staff or an officer authorised by the Defence Board.
A Field Court Martial may be convened by an officer on active service who has
directed that a charge should be tried by this means.
Neither an Ordinary Court Martial nor a Field
Court Martial may try civil offences of murder, manslaughter, treason, treason-felony and
rape if they were committed in Jamaica.
Among the awards which may be made summarily and
by Ordinary Court Martial are:
Summarily by the Commanding
Officer
- A fine of 28 days pay.
- Severe reprimand where the accused is a
non-commissioned officer.
- Reduction to substantive rank where the
accused is acting in a higher rank.
- Forty two days detention where the accused is
a private soldier.
- Stoppages of pay where the offence has
occasioned any expense, loss or damage.
By Ordinary Court Martial
- Death (award must be approved by the
Governor-General).
- Imprisonment.
- Cashiering (where the accused is an officer).
- Dismissal from Her Majesty’s Service.
- Reduction in rank (Other Ranks only).
- Detention for up to two years.
The findings and sentence of an Ordinary Court Martial are subject to
confirmation by the Confirming Authority (Chief of Staff) and, in the case of Summary
awards, the officer or soldier must be given the right to elect trial by Ordinary Court
Martial where the Subordinate Commander, Detachment Commander, Commanding Officer or
Appropriate Superior Authority intends to make an award which will affect the pay of the
officer or soldier. |